| 1 | 1 | | HOUSE BILL NO. 4255 A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7401, 7410, and 7417 (MCL 333.7401, 333.7410, and 333.7417), section 7401 as amended by 2016 PA 548, section 7410 as amended by 2016 PA 128, and section 7417 as added by 2012 PA 183, and by adding sections 7410b and 7417a. the people of the state of michigan enact: Sec. 7401. (1) Except as authorized by this article, a person shall not manufacture, create, deliver, or possess with intent to manufacture, create, or deliver a controlled substance, a prescription form, or a counterfeit prescription form. A practitioner licensed by the administrator under this article shall not dispense, prescribe, or administer a controlled substance for other than legitimate and professionally recognized therapeutic or scientific purposes or outside the scope of practice of the practitioner, licensee, or applicant. (2) A person who violates this section as to: (a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv) and: (i) Which That is in an amount of 1,000 grams or more of any mixture containing that substance is guilty of a felony punishable by imprisonment for life or any term of years or a fine, of not more than $1,000,000.00, or both, as provided under subsection (5). (ii) Which That is in an amount of 450 grams or more, but less than 1,000 grams, of any mixture containing that substance is guilty of a felony and punishable by imprisonment for not more than 30 years or a fine, of not more than $500,000.00, or both, as provided under subsection (6). (iii) Which That is in an amount of 50 grams or more, but less than 450 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine, of not more than $250,000.00, or both, as provided under subsection (7). (iv) Which That is in an amount less than 50 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine, of not more than $25,000.00, or both, as provided under subsection (8). (b) Either of the following: (i) A substance described in section 7212(1)(h) or 7214(c)(ii) is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both. (ii) Any other controlled substance classified in schedule 1, 2, or 3, except marihuana, or a substance listed in section 7212(1)(d), or a substance listed in subsections (5) to (8), is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $10,000.00, or both. (c) A substance classified in schedule 4 is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. (d) Marihuana, a mixture containing marihuana, or a substance listed in section 7212(1)(d) is guilty of a felony punishable as follows: (i) If the amount is 45 kilograms or more, or 200 plants or more, by imprisonment for not more than 15 years or a fine of not more than $10,000,000.00, or both. (ii) If the amount is 5 kilograms or more but less than 45 kilograms, or 20 plants or more but fewer than 200 plants, by imprisonment for not more than 7 years or a fine of not more than $500,000.00, or both. (iii) If the amount is less than 5 kilograms or fewer than 20 plants, by imprisonment for not more than 4 years or a fine of not more than $20,000.00, or both. (e) A substance classified in schedule 5 is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. (f) A prescription form or a counterfeit prescription form is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $5,000.00, or both. (3) A term of imprisonment imposed under subsection (2)(a) may be imposed to run consecutively with any term of imprisonment imposed for the commission of another felony. (4) If an individual was sentenced to lifetime probation under subsection (2)(a)(iv) as it existed before March 1, 2003 and the individual has served 5 or more years of that probationary period, the probation officer for that individual may recommend to the court that the court discharge the individual from probation. If an individual's probation officer does not recommend discharge as provided in this subsection, with notice to the prosecutor, the individual may petition the court seeking resentencing under the court rules. The court may discharge an individual from probation as provided in this subsection. An individual may file more than 1 motion seeking resentencing under this subsection. (5) A person who violates this section as described in subsection (2)(a)(i) is subject to the following penalties: (a) If the substance is heroin, fentanyl, carfentanil, or any derivative of heroin, fentanyl, or carfentanil, imprisonment for up to life without eligibility for parole, but not less than 30 years, and a fine of not more than $2,000,000.00. (b) If the substance is a substance that is not listed in subdivision (a), imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both. (6) A person who violates this section as described in subsection (2)(a)(ii) is subject to the following penalties: (a) If the substance is heroin, fentanyl, carfentanil, or any derivative of heroin, fentanyl, or carfentanil, imprisonment for not less than 15 years or more than 40 years and the court may impose a fine of not more than $500,000.00. (b) If the substance is a substance that is not listed in subdivision (a), imprisonment for not more than 30 years or a fine of not more than $500,000.00, or both. (7) A person who violates this section as described in subsection (2)(a)(iii) is subject to the following penalties: (a) If the substance is heroin, fentanyl, carfentanil, or any derivative of heroin, fentanyl, or carfentanil, imprisonment for not less than 10 years or more than 25 years and the court may impose a fine of not more than $250,000.00. (b) If the substance is a substance that is not listed in subdivision (a), imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both. (8) A person who violates this section as described in subsection (2)(a)(iv) is subject to the following penalties: (a) If the substance is heroin, fentanyl, carfentanil, or any derivative of heroin, fentanyl, or carfentanil, imprisonment for not less than 5 years or more than 20 years and the court may impose a fine of not more than $25,000.00. (b) If the substance is a substance that is not listed under subdivision (a), imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both. (9) (5) As used in this section, "plant" means a marihuana plant that has produced cotyledons or a cutting of a marihuana plant that has produced cotyledons. Sec. 7410. (1) Except as otherwise provided in subsections (2) and (3) and in section 7410b, an individual 18 years of age or over who violates section 7401(2)(a)(iv) by delivering or distributing a controlled substance listed in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) to an individual under 18 years of age who is at least 3 years the deliverer's or distributor's junior may be punished by the fine authorized by section 7401(2)(a)(iv) or by a term of imprisonment of not less than 1 year nor or more than twice that authorized by section 7401(2)(a)(iv), or both. An individual 18 years of age or over who violates section 7401 or 7401b by delivering or distributing any other controlled substance listed in schedules 1 to 5 or gamma-butyrolactone to an individual under 18 years of age who is at least 3 years the distributor's junior may be punished by the fine authorized by section 7401(2)(b), (c), or (d) or 7401b, or by a term of imprisonment not more than twice that authorized by section 7401(2)(b), (c), or (d) or 7401b, or both. (2) An individual 18 years of age or over who violates section 7401(2)(a)(iv) by delivering a controlled substance described in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) to another person on or within 1,000 feet of school property or a library shall be punished, subject to subsection (5), by a term of imprisonment of not less than 2 years or more than 3 times that authorized by section 7401(2)(a)(iv) and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7401(2)(a)(iv). (3) An individual 18 years of age or over who violates section 7401(2)(a)(iv) by possessing with intent to deliver to another person on or within 1,000 feet of school property or a library a controlled substance described in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) shall be punished, subject to subsection (5), by a term of imprisonment of not less than 2 years or more than twice that authorized by section 7401(2)(a)(iv) and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7401(2)(a)(iv). (4) An individual 18 years of age or over who violates section 7401b or 7403(2)(a)(v), (b), (c), or (d) by possessing gamma-butyrolactone or a controlled substance on or within 1,000 feet of school property or a library shall be punished by a term of imprisonment or a fine, or both, of not more than twice that authorized by section 7401b or 7403(2)(a)(v), (b), (c), or (d). (5) The court may depart from the minimum term of imprisonment authorized under subsection (2) or (3) if the court finds on the record that there are substantial and compelling reasons to do so. (6) An individual 18 years of age or over who violates section 7401 by manufacturing methamphetamine as that term is described in section 7214(c)(ii) on or within 1,000 feet of school property or a library shall be punished by a term of imprisonment or a fine, or both, of not more than twice that authorized by section 7401(2)(b)(i). (7) A person who distributes marihuana without remuneration and not to further commercial distribution and who does not violate subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both, unless the distribution is in accordance with the federal law or the law of this state. (8) As used in this section: (a) "Library" means a library that is established by the this state; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of government and authorities; a community college district; a college or university; or any private library open to the public. (b) "School property" means a building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12, when provided by a public, private, denominational, or parochial school, except those buildings used primarily for adult education or college extension courses. Sec. 7410b. An individual 18 years of age or over who violates section 7401(2)(a) by delivering or possessing with intent to deliver heroin, fentanyl, or carfentanil, or any derivative of heroin, fentanyl, or carfentanil, to a minor shall be punished by a term of imprisonment of not less than 10 years or more than 40 years. Sec. 7417. (1) A Except as provided in section 7417a, a person who knows that a named product contains or previously contained an ingredient that was designated to be a schedule 1 controlled substance shall not sell or offer to sell any other product while representing that it contains an ingredient that produces the same or a substantially similar physiological or psychological effect as that scheduled ingredient. This subsection does not apply to a product approved by the federal food and drug administration.United States Food and Drug Administration. (2) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $20,000.00, or both. (3) As used in this section, "named product" means either of the following: (a) A product having a designated brand name. (b) A product having a street or common name with application sufficient to identify the product as a specific product within this state or within a local unit of government. Sec. 7417a. (1) A person who knows that a product contains heroin, fentanyl, or carfentanil, or any derivative of heroin, fentanyl, or carfentanil, shall not sell or offer to sell that product in violation of this article without representing that the product contains heroin, fentanyl, carfentanil, or any derivative of heroin, fentanyl, or carfentanil, as applicable. This subsection does not apply to a product approved by the United States Food and Drug Administration. (2) A person who violates this section is guilty of a felony and shall be punished by imprisonment for 10 years. (3) A term of imprisonment prescribed by this section is in addition to the sentence imposed for the sale or the offer of the sale of the product in violation of this article and must be served consecutively with and preceding any term of imprisonment imposed for the conviction of the crime for the sale or the offer of the sale. (4) A term of imprisonment imposed under this section must not be suspended. The person subject to the sentence mandated by this section is not eligible for parole or probation during the mandatory term imposed under subsection (1). Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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| 27 | 27 | | HOUSE BILL NO. 4255 |
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| 29 | 29 | | |
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| 30 | 30 | | |
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| 31 | 31 | | A bill to amend 1978 PA 368, entitled |
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| 32 | 32 | | |
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| 33 | 33 | | "Public health code," |
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| 34 | 34 | | |
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| 35 | 35 | | by amending sections 7401, 7410, and 7417 (MCL 333.7401, 333.7410, and 333.7417), section 7401 as amended by 2016 PA 548, section 7410 as amended by 2016 PA 128, and section 7417 as added by 2012 PA 183, and by adding sections 7410b and 7417a. |
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| 36 | 36 | | |
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| 37 | 37 | | the people of the state of michigan enact: |
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| 38 | 38 | | |
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| 39 | 39 | | Sec. 7401. (1) Except as authorized by this article, a person shall not manufacture, create, deliver, or possess with intent to manufacture, create, or deliver a controlled substance, a prescription form, or a counterfeit prescription form. A practitioner licensed by the administrator under this article shall not dispense, prescribe, or administer a controlled substance for other than legitimate and professionally recognized therapeutic or scientific purposes or outside the scope of practice of the practitioner, licensee, or applicant. |
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| 40 | 40 | | |
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| 41 | 41 | | (2) A person who violates this section as to: |
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| 43 | 43 | | (a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv) and: |
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| 44 | 44 | | |
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| 45 | 45 | | (i) Which That is in an amount of 1,000 grams or more of any mixture containing that substance is guilty of a felony punishable by imprisonment for life or any term of years or a fine, of not more than $1,000,000.00, or both, as provided under subsection (5). |
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| 47 | 47 | | (ii) Which That is in an amount of 450 grams or more, but less than 1,000 grams, of any mixture containing that substance is guilty of a felony and punishable by imprisonment for not more than 30 years or a fine, of not more than $500,000.00, or both, as provided under subsection (6). |
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| 49 | 49 | | (iii) Which That is in an amount of 50 grams or more, but less than 450 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine, of not more than $250,000.00, or both, as provided under subsection (7). |
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| 51 | 51 | | (iv) Which That is in an amount less than 50 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine, of not more than $25,000.00, or both, as provided under subsection (8). |
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| 52 | 52 | | |
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| 53 | 53 | | (b) Either of the following: |
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| 55 | 55 | | (i) A substance described in section 7212(1)(h) or 7214(c)(ii) is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both. |
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| 57 | 57 | | (ii) Any other controlled substance classified in schedule 1, 2, or 3, except marihuana, or a substance listed in section 7212(1)(d), or a substance listed in subsections (5) to (8), is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $10,000.00, or both. |
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| 59 | 59 | | (c) A substance classified in schedule 4 is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. |
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| 61 | 61 | | (d) Marihuana, a mixture containing marihuana, or a substance listed in section 7212(1)(d) is guilty of a felony punishable as follows: |
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| 63 | 63 | | (i) If the amount is 45 kilograms or more, or 200 plants or more, by imprisonment for not more than 15 years or a fine of not more than $10,000,000.00, or both. |
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| 65 | 65 | | (ii) If the amount is 5 kilograms or more but less than 45 kilograms, or 20 plants or more but fewer than 200 plants, by imprisonment for not more than 7 years or a fine of not more than $500,000.00, or both. |
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| 66 | 66 | | |
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| 67 | 67 | | (iii) If the amount is less than 5 kilograms or fewer than 20 plants, by imprisonment for not more than 4 years or a fine of not more than $20,000.00, or both. |
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| 69 | 69 | | (e) A substance classified in schedule 5 is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. |
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| 71 | 71 | | (f) A prescription form or a counterfeit prescription form is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $5,000.00, or both. |
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| 73 | 73 | | (3) A term of imprisonment imposed under subsection (2)(a) may be imposed to run consecutively with any term of imprisonment imposed for the commission of another felony. |
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| 75 | 75 | | (4) If an individual was sentenced to lifetime probation under subsection (2)(a)(iv) as it existed before March 1, 2003 and the individual has served 5 or more years of that probationary period, the probation officer for that individual may recommend to the court that the court discharge the individual from probation. If an individual's probation officer does not recommend discharge as provided in this subsection, with notice to the prosecutor, the individual may petition the court seeking resentencing under the court rules. The court may discharge an individual from probation as provided in this subsection. An individual may file more than 1 motion seeking resentencing under this subsection. |
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| 77 | 77 | | (5) A person who violates this section as described in subsection (2)(a)(i) is subject to the following penalties: |
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| 79 | 79 | | (a) If the substance is heroin, fentanyl, carfentanil, or any derivative of heroin, fentanyl, or carfentanil, imprisonment for up to life without eligibility for parole, but not less than 30 years, and a fine of not more than $2,000,000.00. |
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| 81 | 81 | | (b) If the substance is a substance that is not listed in subdivision (a), imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both. |
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| 83 | 83 | | (6) A person who violates this section as described in subsection (2)(a)(ii) is subject to the following penalties: |
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| 85 | 85 | | (a) If the substance is heroin, fentanyl, carfentanil, or any derivative of heroin, fentanyl, or carfentanil, imprisonment for not less than 15 years or more than 40 years and the court may impose a fine of not more than $500,000.00. |
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| 87 | 87 | | (b) If the substance is a substance that is not listed in subdivision (a), imprisonment for not more than 30 years or a fine of not more than $500,000.00, or both. |
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| 89 | 89 | | (7) A person who violates this section as described in subsection (2)(a)(iii) is subject to the following penalties: |
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| 91 | 91 | | (a) If the substance is heroin, fentanyl, carfentanil, or any derivative of heroin, fentanyl, or carfentanil, imprisonment for not less than 10 years or more than 25 years and the court may impose a fine of not more than $250,000.00. |
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| 93 | 93 | | (b) If the substance is a substance that is not listed in subdivision (a), imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both. |
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| 95 | 95 | | (8) A person who violates this section as described in subsection (2)(a)(iv) is subject to the following penalties: |
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| 97 | 97 | | (a) If the substance is heroin, fentanyl, carfentanil, or any derivative of heroin, fentanyl, or carfentanil, imprisonment for not less than 5 years or more than 20 years and the court may impose a fine of not more than $25,000.00. |
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| 99 | 99 | | (b) If the substance is a substance that is not listed under subdivision (a), imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both. |
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| 101 | 101 | | (9) (5) As used in this section, "plant" means a marihuana plant that has produced cotyledons or a cutting of a marihuana plant that has produced cotyledons. |
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| 103 | 103 | | Sec. 7410. (1) Except as otherwise provided in subsections (2) and (3) and in section 7410b, an individual 18 years of age or over who violates section 7401(2)(a)(iv) by delivering or distributing a controlled substance listed in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) to an individual under 18 years of age who is at least 3 years the deliverer's or distributor's junior may be punished by the fine authorized by section 7401(2)(a)(iv) or by a term of imprisonment of not less than 1 year nor or more than twice that authorized by section 7401(2)(a)(iv), or both. An individual 18 years of age or over who violates section 7401 or 7401b by delivering or distributing any other controlled substance listed in schedules 1 to 5 or gamma-butyrolactone to an individual under 18 years of age who is at least 3 years the distributor's junior may be punished by the fine authorized by section 7401(2)(b), (c), or (d) or 7401b, or by a term of imprisonment not more than twice that authorized by section 7401(2)(b), (c), or (d) or 7401b, or both. |
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| 105 | 105 | | (2) An individual 18 years of age or over who violates section 7401(2)(a)(iv) by delivering a controlled substance described in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) to another person on or within 1,000 feet of school property or a library shall be punished, subject to subsection (5), by a term of imprisonment of not less than 2 years or more than 3 times that authorized by section 7401(2)(a)(iv) and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7401(2)(a)(iv). |
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| 107 | 107 | | (3) An individual 18 years of age or over who violates section 7401(2)(a)(iv) by possessing with intent to deliver to another person on or within 1,000 feet of school property or a library a controlled substance described in schedule 1 or 2 that is either a narcotic drug or described in section 7214(a)(iv) shall be punished, subject to subsection (5), by a term of imprisonment of not less than 2 years or more than twice that authorized by section 7401(2)(a)(iv) and, in addition, may be punished by a fine of not more than 3 times that authorized by section 7401(2)(a)(iv). |
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| 109 | 109 | | (4) An individual 18 years of age or over who violates section 7401b or 7403(2)(a)(v), (b), (c), or (d) by possessing gamma-butyrolactone or a controlled substance on or within 1,000 feet of school property or a library shall be punished by a term of imprisonment or a fine, or both, of not more than twice that authorized by section 7401b or 7403(2)(a)(v), (b), (c), or (d). |
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| 111 | 111 | | (5) The court may depart from the minimum term of imprisonment authorized under subsection (2) or (3) if the court finds on the record that there are substantial and compelling reasons to do so. |
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| 113 | 113 | | (6) An individual 18 years of age or over who violates section 7401 by manufacturing methamphetamine as that term is described in section 7214(c)(ii) on or within 1,000 feet of school property or a library shall be punished by a term of imprisonment or a fine, or both, of not more than twice that authorized by section 7401(2)(b)(i). |
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| 115 | 115 | | (7) A person who distributes marihuana without remuneration and not to further commercial distribution and who does not violate subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both, unless the distribution is in accordance with the federal law or the law of this state. |
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| 117 | 117 | | (8) As used in this section: |
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| 119 | 119 | | (a) "Library" means a library that is established by the this state; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of government and authorities; a community college district; a college or university; or any private library open to the public. |
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| 121 | 121 | | (b) "School property" means a building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12, when provided by a public, private, denominational, or parochial school, except those buildings used primarily for adult education or college extension courses. |
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| 123 | 123 | | Sec. 7410b. An individual 18 years of age or over who violates section 7401(2)(a) by delivering or possessing with intent to deliver heroin, fentanyl, or carfentanil, or any derivative of heroin, fentanyl, or carfentanil, to a minor shall be punished by a term of imprisonment of not less than 10 years or more than 40 years. |
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| 125 | 125 | | Sec. 7417. (1) A Except as provided in section 7417a, a person who knows that a named product contains or previously contained an ingredient that was designated to be a schedule 1 controlled substance shall not sell or offer to sell any other product while representing that it contains an ingredient that produces the same or a substantially similar physiological or psychological effect as that scheduled ingredient. This subsection does not apply to a product approved by the federal food and drug administration.United States Food and Drug Administration. |
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| 127 | 127 | | (2) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $20,000.00, or both. |
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| 128 | 128 | | |
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| 129 | 129 | | (3) As used in this section, "named product" means either of the following: |
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| 130 | 130 | | |
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| 131 | 131 | | (a) A product having a designated brand name. |
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| 132 | 132 | | |
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| 133 | 133 | | (b) A product having a street or common name with application sufficient to identify the product as a specific product within this state or within a local unit of government. |
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| 135 | 135 | | Sec. 7417a. (1) A person who knows that a product contains heroin, fentanyl, or carfentanil, or any derivative of heroin, fentanyl, or carfentanil, shall not sell or offer to sell that product in violation of this article without representing that the product contains heroin, fentanyl, carfentanil, or any derivative of heroin, fentanyl, or carfentanil, as applicable. This subsection does not apply to a product approved by the United States Food and Drug Administration. |
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| 136 | 136 | | |
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| 137 | 137 | | (2) A person who violates this section is guilty of a felony and shall be punished by imprisonment for 10 years. |
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| 138 | 138 | | |
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| 139 | 139 | | (3) A term of imprisonment prescribed by this section is in addition to the sentence imposed for the sale or the offer of the sale of the product in violation of this article and must be served consecutively with and preceding any term of imprisonment imposed for the conviction of the crime for the sale or the offer of the sale. |
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| 140 | 140 | | |
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| 141 | 141 | | (4) A term of imprisonment imposed under this section must not be suspended. The person subject to the sentence mandated by this section is not eligible for parole or probation during the mandatory term imposed under subsection (1). |
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| 142 | 142 | | |
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| 143 | 143 | | Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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